{"operation":"document","citation":"12-0193","title":"HAZ-MAT Transportation Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-02-05","effective_on":null,"summary":"12-0193 response to HAZ-MAT Transportation Services concerning 173.134, 173.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0193.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0193.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0193","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/120193.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nFEB 0 5 2013\nMr. Jack Peters\nHAZ-MAT Transportation Services\nP.O. Box 69206\nSeattle, W A 98168\nRef. No. 12-0193\nDear Mr. Peters:\nThis responds to your August 28, 2012 email requesting clarification of the meaning of\ncontract carrier and private carrier under the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). Specifically, you request clarification of the meaning of these terms\nwith regard to the exception from the UN specification packaging requirements of\n§ 173.197 under § 173 .134( c)( 1) of the HMR, namely, whether the exception applies to\ncontract or private air carriage of regulated medical waste (RMW).\nThe common meaning of \"contract carrier\" is any person that transports goods or\npassengers for others under one or a limited number of contracts. A \"private carrier\" is a\nperson that typically transports its cjwn goods or passengers rather than providing transport\nunder contract to others. Unless specifically qualified in the HMR, use of either term in the\nHMR signifies the broad meaning of\"carrier\" as it is defined in§ 171.8. That is, use of\neither term signifies all modes of transportation.\nWith regard to regulated medical waste transported by aircraft, the exception in\n§ 173 .134( c)( 1) applies. RMW may be transported in non-DOT specification packaging by\na contract or private air carrier provided the RMW is packaged in a rigid n~m-bulk\npackaging conforming to the requirements of § § 1 73 .24 and 173 .24a of the HMR and to the\nOccupational Safety and Health Administration packaging requirements for bloodborne\npathogens in 29 CFR 1910.1030. The RMW may not include a waste concentrated stock\nculture of an infectious substance. Additionally, sharps containers must be securely closed\nto prevent leaks or punctures. Also, take note that the International Civil Aviation\nOrganization's Technical Instructions for the Safe Transport of Dangerous Goods by Air\n(ICAO TI) does not authorize a similar exception from specification packaging\nrequirements for air transport of RMW as the HMR. Air carriers that operate in accordance\nwith the ICAO TI may refuse shipment ofRMW offered for transport in non-DOT\nspecification packaging.\n\n<<<PAGE 2>>>\n\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\n;Kkc)~\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject: INFOCNTR (PHMSA)\nTuesday, August 28, 2012 2:25PM\nDrakeford, Carolyn (PHMSA)\nFW: Hazmat Information Center Feedback: Other Questions? R.mpf:j Pae ;g /11[tf\n« 2 ~o;q3\nCarolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nVictoria\n-----Original Message-----\nFrom: PHMSA Webmaster\nSent: Tuesday, August 28, 2012 2:15 PM\nTo: PHMSA HM InfoCenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Other Questions?\nI would like clarification on the term \"contract carrier\" as used in 49CFR.\nThe term \"carrier\" is clearly defined in 171.8k but in interpretation 02-0259 and that is in reference to empty packagings\nin 173.29(c).\nYour interpretation, at that time, excludes other modes of transport and therefore are changing the definition from\n171.8 to only include highway transport.\nAir carriers may have a contract with a shipper to tranpsort their materials from rural Alaska to Anhorage/Fairbanks for\nthe disposal of Regulated Medical Waste (RMW). RMW may be transported per 173.134(c) by contract carrier and not\nbe required to be in UN performance packaging.\nIf this is not extended to other modes (here specificailly to air) then all of the hospitals and clinics will have to change\ntheir mode of packaging.\nAll of these hospitals/clinics (300 or so) will be required to use UN4GV rated packages as there is no way to test\npackages as ready for transport due to the various inner packagings and their sizes/shapes/weights. This will cause\nextreme expense to the taxpayers of the United States as these clinics/hospitals are funded by U. S. tax dollars.\nAdditionally, with the narrow application that is in 02-0259 you are changing the meaning of the word \"carrier\" as found\nin 171.8.\nIt is becoming more common for shippers and carriers to enter into a contract and this is not limited to highway\ntransport.\nI have several shippers who contract with various vessel and air carriers to transport their material, both hazardous and\nnon hazardous.\nI also would like the words \"private carrier\" to be interpreted the same way as many companies have their own vessels\nor aircraft and wish to use similar exceptions.\n1\n\n<<<PAGE 4>>>\n\nThank you for your time in this matter.\nPlease feel free to contact me about this as it appears that all the regulated medical waste that is being generated in\nrural Alaska will have to be held up or delayed until this is resolved.\nJack Peters\nName: Jack Peters\nOrganization: HAZ-MAT Transportation Services\nEmail:\nAddress: P. 0. Box 69206/14102 120th Ave. Ct. E\nCity: Seattle/Puyallup\nZip Code: 98168/98374\nPhone: 253-219-0907\nFAX: none\n2","truncated":false,"body_characters":5221}